Page:United States Statutes at Large Volume 104 Part 6.djvu/65

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PUBLIC LAW 101-627—NOV. 28, 1990 104 STAT. 4455 fishery resource law statute enforced by the Secretary has not been paid and is overdue, the Secretary may— "(i) revoke any permit issued with respect to such vessel or person, with or without prejudice to the issuance of subsequent permits; "(ii) suspend such permit for a period of time considered by the Secretary to be appropriate; "(iii) deny such permit; or "(iv) impose additional conditions and restrictions on any permit issued to or applied for by such vessel or person under this Act and, with respect to foreign fishing vessels, on the approved application of the foreign nation involved and on any permit issued under that application. "(2) In imposing a sanction under this subsection, the Secretary shall take into account— "(A) the nature, circumstances, extent, and gravity of the prohibited acts for which the sanction is imposed; and "(B) with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require. "(3) Transfer of ownership of a vessel, by sale or otherwise, shall not extinguish any permit sanction that is in effect or is pending at the time of transfer of ownership. Before executing the transfer of ownership of a vessel, by sale or otherwise, the owner shall disclose in writing to the prospective transferee the existence of any permit sanction that will be in effect or pending with respect to the vessel at the time of the transfer. "(4) In the case of any permit that is suspended under this subsection for nonpayment of a civil penalty or criminal fine, the Secretary shall reinstate the permit upon payment of the penalty or fine and interest thereon at the prevailing rate. "(5) No sanctions shall be imposed under this subsection unless there has been a prior opportunity for a hearing on the facts underlying the violation for which the sanction is imposed, either in conjunction with a civil penalty proceeding under this section or otherwise.". (b) CONFORMING AMENDMENT.— The entry for section 308 in the table of contents in the first section of the Magnuson Fishery Conservation and Management Act is amended to read as follows: "Sec. 308. Civil penalties and permit sanctions.". CRIMINAL OFFENSES AND PENALTIES SEC. 115. (a) OFFENSES.— Paragraph (1) of section 309(a) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1859(a)) is amended to read as follows: "(1) section 307(1)(D), (E), (F), (H), (I), or (L); or". (b) PUNISHMENT.— Section 309(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1859(b)) is amended— (1) by striking "$50,000" and inserting in lieu thereof "$100,000"; (2) by striking "$100,000" each place it appears and inserting in lieu thereof "$200,000"; (3) by inserting "any observer described in section 307(1)(L) or" immediately after "injury to"; and 39-194O-91-3:QL3Part6